ALJDEC decisions subject to certification as final

2009A-53326663-ROC · Registrar of Contractors · 2011-06-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 27, 2011, at 8:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The Order Setting Compliance Hearing provides, in pertinent part, as follows: At the Compliance Hearing, the parties may present evidence and testimony as to whether or not Respondent has fully complied with the terms set forth in the Registrar’s February 3, 2010 Order, absent unreasonable interference or denial of access by Complainant. If it is determined that Respondent failed to fully comply with the terms of the February 3, 2010 Order, absent unreasonable interference or denial of access by Complainant, then its K-39.153663-D License shall be subject to the immediate imposition of discipline. If it is determined that Complainant has unreasonably interfered or denied access to Respondent or its representatives, then no suspension shall be imposed, and this matter shall be closed. 2. The Complainant produced credible testimony and evidence that the Respondent had failed to comply with the terms of the Registrar’s Order of February 3, 2010. 3. The assigned Agency Inspector testified that he had conducted a pre- compliance hearing inspection and found that the HVAC work on the Complainant’s residence had not been corrected to within applicable workmanship and industry standards. 4. Undisputed credible testimony and evidence established that the Respondent has failed to fully comply with the terms February 3, 2010, Order of the Registrar. 5. Undisputed credible testimony and evidence established that there was no unreasonable interference or denial of access to the Respondent by Complainant in this matter. 6. Undisputed credible testimony and evidence established that the Respondent’s actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms and conditions of the February 3, 2010, Order of the Registrar. On the contrary, credible evidence of record established that the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the prior Order. The Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve compliance with the February 3, 2010 Order of the Registrar. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence presented during the compliance hearing supported findings which establish that the Respondent has not fully complied with the terms of the prior Order of the Registrar of Contractors. 2. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the Contractor’s License.

RECOMMENDed order In view of the foregoing, it is recommended that Respondent’s License be suspended pursuant to the Registrar’s Order of February 3, 2010. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of the certification. Done this day, June 27, 2011.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826